An important estate planning tool for parents with minor children is the Nomination of Guardian. This allows a client to exert some control over who will care for their children and their children’s assets if the parent is no longer able to do so. Some attorneys include the Nomination in their client’s will. I prefer to do the Nomination as a stand-alone document so that there is no need to file a will when it is not required.
The Nomination will include nominations for guardian of the person and the guardian of the estate. It can also include instructions or desires that the parent has for the children such as encouraging interaction with other family members. If the parent has executed a proper estate plan and no one has named the minor as a beneficiary on a retirement account or life insurance policy, then a guardian of the estate may be unnecessary. But, if both parents are unable to act either because of death or incapacitation, then the guardian of the person may be necessary so that someone has legal authority to take care of the minor’s wellbeing.
The process of getting appointed guardian is a more in-depth post than the purpose of this post. The goal of this post is to give some proactive advice to someone who is aware that they have been nominated in a writing by a minor’s parent to be appointed guardian. There is some information gathering that can be done now so that the court documents can easily and quickly be prepared. The various documents, including the Petition for Appointment as Guardian of a Minor, require a lot of information about the minor and their family.
The following is some initial information that is important for you to have:
- Full name, date of birth of minor, and place of birth
- Addresses for the following people:
Where the minor is currently residing and for the past five years
The minor’s father
The minor’s mother
The minor’s maternal grandfather (mother’s father)
The minor’s maternal grandmother (mother’s mother)
The minor’s paternal grandfather (father’s father)
The minor’s paternal grandmother (father’s mother)
All of the minor’s siblings, including half-siblings
- Whether the minor is a member of an Indian tribe, if so, which tribe
- Whether the minor is receiving public benefits (TANF, Social Security, VA benefits) and how much each month
- Whether the minor has been involved in a court matter such as a divorce proceeding
If you have been nominated and need to petition the court to be appointed as a guardian of either the estate or person of a minor, contact us and we can assist you with that process.